Medical Malpractice in Philadelphia: What You Need to Know About Tort Reform

Andy Spirt | Jan 07 2026 16:00

Medical malpractice can devastate individuals and families when the healthcare system—meant to heal—instead causes harm. In Philadelphia, medical malpractice cases have been shaped by recent tort reforms and procedural rules that affect how victims can pursue justice. At the Law Offices of Andrew Spirt, PLLC, we represent clients in Philadelphia who have suffered from negligent medical care, guiding them through the complex legal process with compassion and experience.

 


Damage Caps in Philadelphia Medical Malpractice Cases

 

Unlike many states, Pennsylvania (including Philadelphia) does not cap non-economic damages such as pain and suffering in medical malpractice claims. However, punitive damages are limited to 200% of compensatory damages, and a portion of large verdicts may go into the state’s Mcare Fund to help compensate other malpractice victims. This structure makes it even more important to work with a skilled Philadelphia medical malpractice lawyer who can protect your rights and pursue full compensation.


Filing Deadlines in Philadelphia

 

Victims in Philadelphia must act quickly when malpractice is suspected. Pennsylvania law gives patients two years from the date of discovery(or when the malpractice should reasonably have been discovered) to file a lawsuit. For children, the deadline extends until their 20th birthday. Missing these strict deadlines means losing your right to pursue compensation, which is why prompt legal action is critical.


Attorney Fee Limits

 

Pennsylvania imposes limits on attorney contingency fees in medical malpractice cases. While these restrictions are designed to protect clients, they may discourage some attorneys from taking difficult or costly cases. At the Law Offices of Andrew Spirt, PLLC, we remain committed to representing Philadelphia malpractice victims, regardless of financial hurdles.


Proving Malpractice: The Certificate of Merit

 

In Philadelphia, medical malpractice cases require plaintiffs to provide a Certificate of Merit —a sworn statement from a licensed medical professional confirming that malpractice likely occurred. Without this document, most malpractice lawsuits cannot proceed. This heightened standard underscores the importance of hiring an experienced Philadelphia malpractice attorney with access to qualified experts.


Why Philadelphia Experience Matters

 

Philadelphia courts have their own procedures, timelines, and jury considerations. Working with a local attorney ensures your case is handled according to both state law and Philadelphia court practices. From navigating hospital defense teams to meeting procedural deadlines, local knowledge can make the difference between a dismissed claim and a successful outcome.


Protecting Medical Malpractice Victims in Philadelphia

 

Medical malpractice cases in Philadelphia are often emotionally draining and legally complex. However, justice is possible with the right legal team. At the Law Offices of Andrew Spirt, PLLC, we help clients in Philadelphia and the surrounding area hold negligent doctors, hospitals, and healthcare providers accountable.

 

📞 If you or a loved one has been a victim of medical malpractice in Philadelphia, contact us today. We are here to protect your rights and fight for the compensation you deserve.